approved I-131 should I travel?

[MizzJenn 0]

Hello everyone,

I'm just wondering what your thoughts are on this. My request for advanced parole has been approved, actually its been approved since July 21,2011. My grandmother has fallen ill back home in Vietnam and I really want to go see her, I would hate to regret anything. Our interview has been completed and everything went well no red flags or anything of that sort, all the officer had said was we will process and notify you of the decision.

My question is do I risk the travel? I have read so many different responses and I do not know what I should do. I'm a canadian and he is a us citizen, he will for sure be traveling with me as well. I have been in the states legally now for 1 year and about 3 months now with pending GC still, what are your thoughts??

Because I am outside of the allowed time to reside in the USA will that cause problems at POE back into USA even though my GC is pending?

Thank you so much

[ceadsearc 516]

How did you enter originally? Have you been out of status at all? If you entered legally and maintained your legal status (filing for AOS puts you in a period of authorized stay while your GC is pending) then as long as your AP is still valid, you can travel.

[MizzJenn 0]

How did you enter originally? Have you been out of status at all? If you entered legally and maintained your legal status (filing for AOS puts you in a period of authorized stay while your GC is pending) then as long as your AP is still valid, you can travel.

I entered as a visitor not knowing that we would decide to get married and so I stayed and filed for AOS after we got married. and I have not been out of USA since I've been here not to even visit family, because I was told to not leave USA until I have Green card in hand even though I have an approved I 131

[ceadsearc 516]

Well, that depends - did you overstay your visa before you got married and applied? Or did you get marry and apply for your adjustment prior to your I-94 expiring?

The I-131 is always approved even when one cannot use it. If you have an overstay that is long enough to trigger a ban (or close to it, to be on the safe side) - which is 180+ days - you can't leave before you get your green card or you won't be able to return. If you were in status the whole time, you can leave with the AP paperwork.

[MizzJenn 0]

Well, that depends - did you overstay your visa before you got married and applied? Or did you get marry and apply for your adjustment prior to your I-94 expiring?

The I-131 is always approved even when one cannot use it. If you have an overstay that is long enough to trigger a ban (or close to it, to be on the safe side) - which is 180+ days - you can't leave before you get your green card or you won't be able to return. If you were in status the whole time, you can leave with the AP paperwork.

Didn't overstay before we got married, I came in on Nov 14th 2010, canadians can stay in usa for 6months. But we did get married and filed for AOS before my stay was expired. Thanks so much btw for answering my thread

[ceadsearc 516]

No problem. If you didn't overstay you are free to use AP to travel.

[MizzJenn 0]

what if i travel within the USA??

[MizzJenn 0]

would it be safe to travel within USA?? My Husband and I have been so scared to travel anywhere while my GC is pending we really need a vacation would it be safe to travel within USA then?

[Little_My 464]

You are 100% to travel within the US with or without the AP. The AP is only a permit for international travel - you don't need one for domestic travel. You are not currently out of status as your AOS is pending, so you are in the country totally legally, and based on yoru previous post you haven't overstayed previously either, which means you are fine to travel internationally with the AP. If the trip is longer than a week or two it's a good idea to have someone check your mail in case there is correspondence from USCIS when you are traveling.

[MizzJenn 0]

You are 100% to travel within the US with or without the AP. The AP is only a permit for international travel - you don't need one for domestic travel. You are not currently out of status as your AOS is pending, so you are in the country totally legally, and based on yoru previous post you haven't overstayed previously either, which means you are fine to travel internationally with the AP. If the trip is longer than a week or two it's a good idea to have someone check your mail in case there is correspondence from USCIS when you are traveling.

Thanks so much for your reply, what about a carribean cruise? I've called all over and no one can give me an answer

[Little_My 464]

If you have not overstayed a previous visa and you have a valid AP you can travel to the moon for all USCIS cares.

[waytogoliezel 0]

A Caribbean cruise you say? You can travel on a cruise with an approved AP. If you are a Canadian citizen, then check each country's (cruise port stops) visa and visa waivers requirements. AP gets you back in US only. Most Caribbean countries allow automatic visas and waivers with your U.S. or Canadian passport. Also, most of these same countries grant automatic visas and/or visa waivers to U.S. permanenat Green Card holders.

[MizzJenn 0]

A Caribbean cruise you say? You can travel on a cruise with an approved AP. If you are a Canadian citizen, then check each country's (cruise port stops) visa and visa waivers requirements. AP gets you back in US only. Most Caribbean countries allow automatic visas and waivers with your U.S. or Canadian passport. Also, most of these same countries grant automatic visas and/or visa waivers to U.S. permanenat Green Card holders.

Thanks for your reply i think at this point because I am so worried My husband and I will be sticking to a US destination. That way I am still staying within US while my AOS is pending I heard Hawaii or US Virgin Islands is nice no?